Clients trust Sandra to provide creative advice and consider her to be an “extremely effective litigator” who is “always impressive.”
Legal 500 Canada 2018
Sandra specializes in corporate, class action, securities and competition litigation. A significant portion of her practice involves defending clients in national and cross-border class actions. Sandra acts for clients before all levels of court and various administrative tribunals, including the Competition Tribunal, in Canada.
Known to be hard-working and dedicated, Sandra achieves successful results for clients on diverse issues, including class actions alleging anti-competitive conduct or collusion, and competition matters such as abuse of dominance. One client describes her as “stellar. She gives strong arguments in court, is extremely well known and well trusted in the community in Canada.” (Chambers Canada 2017)
Sandra is a regent of the American College of Trial Lawyers, fellow of the International Academy of Trial Lawyers and former president of the Advocates’ Society. She is also a member of our firm’s Management Committee.
Denso Corporation
Acting for Denso Corporation (and related entities) in its defence of dozens of class actions commenced across Canada alleging anti-competitive conduct in respect of the sale of various automotive parts, including contested certification proceedings and with respect to cross-border issues arising out of parallel U.S. class actions.
LG Chem America, Inc.
Acting for LG Chem America, Inc. in its defence of multiple class actions commenced across Canada alleging anti-competitive behaviour in the market for rechargeable lithium-ion batteries, including contested certification proceedings before the Ontario Superior Court of Justice and Court of Appeal.
Canadian Real Estate Association
Acted for the Canadian Real Estate Association, an intervener in proceedings brought by the Commissioner of Competition against the Toronto Real Estate Board, including a hearing and rehearing before the Competition Tribunal in 2012 and 2015, two appeals decided by the Federal Court of Appeal and two applications for leave to appeal to the Supreme Court of Canada. Issues include privacy rights of consumers, copyright protection in property information databases and whether certain rules on the display of certain property information on portions of an internet website amounted to abuse of dominance.
Hearing Panel of the Patented Medicine Prices Review Board
Acted as counsel to the Hearing Panel of the Patented Medicine Prices Review Board in the proceeding which determined whether Soliris, a break-through medicine, is excessively priced.
General Motors Financial
Acting for General Motors Financial in defending a class action claiming damages resulting from an alleged privacy breach concerning customer information.
LG Electronics
Acted for LG Electronics and its Canadian and U.S. subsidiaries in multiple class actions commenced across Canada. The class actions alleged that LG and a number of other electronics companies engaged in a price-fixing conspiracy in connection with the sale of optical disk drives and products containing them, and included a certification motion in the British Columbia Supreme Court and subsequent appeal in the British Columbia Court of Appeal.
Mars, Incorporated
Acted for Mars Canada in defence of criminal proceedings under the Competition Act alleging charges of price-fixing of chocolate confectionery products in Canada and in follow on class actions commenced across Canada.
Association of Chartered Certified Accountants
Acted as co-counsel for the Association of Chartered Certified Accountants in respect of trademark claims and antitrust defences against certain provincial Chartered Accountant and Chartered Professional Accountant institutes in Federal Court.
Beaverbrook (U.K.) Foundation
Acted for the Beaverbrook (U.K.) Foundation in closely watched trial and appellate arbitration proceedings that were held in public in New Brunswick concerning the ownership of numerous valuable works of art acquired by the Beaverbrook (U.K.) Foundation between 1954 and 1965 that are currently housed at the Beaverbrook Art Gallery in Fredericton. This case was the subject of extensive media coverage throughout Canada, including a lengthy book written by a reporter from the Canadian Broadcasting Corporation.
Agricore United
Acted for Agricore United in a proceeding brought by the Commissioner of Competition before the Competition Tribunal arising out of the acquisition by United Grain Growers of Agricore Cooperative.
McKesson Corporation and McKesson Canada Corporation
Acting for McKesson Corporation and McKesson Canada Corporation to defend a high-profile proposed class action brought by the Province of British Columbia on behalf of all Canadian provincial governments, as well as the Federal government, against manufacturers and distributors of opioids seeking to recover health care costs related to the opioid crisis.
The Canadian Chamber of Commerce
Acted for the Canadian Chamber of Commerce, an intervener, in appeals decided by the Supreme Court of Canada on September 20, 2019, arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which clarified the standard for class certification in competition class actions, and settled long-standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.
Canadian Chamber of Commerce
Acted for The Canadian Chamber of Commerce, an intervener, in appeals heard by the Supreme Court of Canada in December 2018 arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which resolves the standard for class certification in indirect purchaser cases, and settled long standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.
Bulletin
Top Court Expands Scope of Potential Liability in Price-Fixing Class Actions
Sept. 24, 2019 - The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer...
Speaking Engagement
Canadian Bar Association, Competition Law Spring Conference, “Class Actions & Private Enforcement of the Act”; Toronto, ON
May 07, 2019
Speaking Engagement
Chair, The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2019; Toronto, ON
Apr. 24, 2019
Bulletin
Court of Appeal Opens the Floodgates to Umbrella Purchaser Claims in Ontario (For Now)
Oct. 26, 2018 - In Shah v LG Chem Ltd., the Court of Appeal for Ontario considered whether “umbrella purchasers” can assert statutory and common law claims in connection with alleged price-fixing conspiracies. Umbrella purchasers are those who purchase products directly or indirectly from...
Speaking Engagement
Co-chair, Law Society of Ontario, “12 Minute Civil Litigator”; Toronto, ON; Annual
Sept. 18, 2018
Speaking Engagement
The Advocates’ Society, The Resilient Litigator, “Dealing with Difficult People – Practical Tips and Strategies”; Toronto, ON
July 19, 2018
Speaking Engagement
Chair, The American College of Trial Lawyers and The Advocates’ Society, “Spring Symposium 2018 – The Advocate Matters”; Toronto, ON
Apr. 25, 2018
In the News
Sandra Forbes Talks to Canadian Lawyer About Multijurisdictional Class Proceedings in Canada
Feb. 12, 2018 - In an article (available to subscribers) published recently in Canadian Lawyer, Davies partner Sandra Forbes spoke about current issues facing the class action litigation bar, particularly with respect to multijurisdictional class proceedings. The general consensus is that the Supreme...
Speaking Engagement
Co-chair, The Law Society of Upper Canada, “12 Minute Civil Litigator”; Toronto, ON; Annual
Sept. 14, 2017
Speaking Engagement
The Advocates’ Society, Competition Law For Advocates, “Advocacy in Civil Competition Matters”; Toronto, ON
Apr. 25, 2017
Speaking Engagement
Moderator, UJA Federation/CIJA, Combating Hate Speech and Antisemitism – Legal Perspectives, “Panel Discussion on Law Society Statement of Principles”; Toronto, ON
Feb. 13, 2017
Speaking Engagement
The Advocates’ Society, Interviewing Skills: Gathering The Best Evidence For Your Case, “Evidentiary, Ethical and Other Legal Considerations”; Toronto, ON
Nov. 04, 2016
Speaking Engagement
Co-chair, The Law Society of Upper Canada, “The Twelve-Minute Civil Litigator”; Toronto, ON; Annual
Sept. 15, 2016
Speaking Engagement
Moderator, Osgoode Hall Law School, 2016 Annual Winkler/IAM/Osgoode Professional Development Conference on Mediation, “The Unsettleable Case – Counsel’s Perspective”; Toronto, ON
May 12, 2016
Speaking Engagement
The Advocates’ Society, Competition Law for Advocates Program, “Advocacy in Civil Competition Matters”; Toronto, ON
Mar. 07, 2016
Speaking Engagement
Panelist and Demo, The Advocates’ Society, Civil Litigation Skills Certificate Program: Examining and Cross-examining Experts, “Practical Tips for Conducting an Effective Cross-Examination of an Expert”; Toronto, ON
Feb. 09, 2016
Speaking Engagement
Co-chair and moderator, The Advocates’ Society, “Putting Theory into Practice: Exercising Professionalism and Civility”; Toronto, ON
Dec. 10, 2015
Speaking Engagement
Canadian Bar Association, Competition Section Fall Conference, “Disclosure and Privilege in the Practice of Competition Law in Canada”; Ottawa, ON; Oct. 01 & 02, 2015
Oct. 01, 2015
Speaking Engagement
Co-chair, The Law Society of Upper Canada, “The Twelve-Minute Civil Litigator”; Toronto, ON; Annual
Sept. 18, 2015
Bulletin
Respondents in Conspiracy Prosecution Have Right to Information Obtained Under Competition Bureau’s Immunity and Leniency Programs
Feb. 06, 2015 - On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel Immunity and Leniency Programs is not protected from disclosure to accused persons by either...
Speaking Engagement
Moderator, Osgoode Hall Law School, Osgoode Professional Development’s 13th National Symposium on Class Actions, “Carts Before Horses? The Latest on Pre-Certification Motions”; Toronto, ON
Apr. 21, 2014
American College of Trial Lawyers—Fellow and Regent
International Academy of Trial Lawyers—Fellow
Chambers Global: The World’s Leading Lawyers for Business—Competition/Antitrust: Litigators (Band 1)
Chambers Canada: Canada’s Leading Lawyers for Business—Competition/Antitrust: Litigators (Band 1); Dispute Resolution: Class Action (Defence); Litigation, General Commercial: Ontario
GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review
The Legal 500 Canada—Competition and Antitrust (Leading Individual); Dispute Resolution: Ontario (Leading Individual)
The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Class Actions; Competition Law; Litigation: Corporate Commercial
Lexpert Special Edition: Finance and M&A
Lexpert Special Edition: Litigation
Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Dispute Resolution
The Canadian Legal Lexpert Directory—Class Actions (Most Frequently Recommended); Competition Law (Most Frequently Recommended); Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Directors’ & Officers’ Liability; Litigation: Securities
The Best Lawyers in Canada—Class Action Litigation; Competition/Antitrust Law; Corporate and Commercial Litigation; Director and Officer Liability Practice
Who’s Who Legal: Canada—Competition; Litigation; Who’s Who Legal: Litigation; Who’s Who Legal: Thought Leaders—Litigation
Expert Guides’ Women in Business Law; Expert Guides—Competition and Antitrust